alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 10.2

                            COMMITMENT LETTER
                        Revolving Line of Credit

Insurenational, A.V.V.

March 18, 2004

Mr. Mark Hogan
President
Esesis, Inc.
7345 E. Peakview
Centennial, CO 80111

Dear Mark:

Insurenational, A.V.V. ("Lender") is pleased to offer Esesis, Inc.
("Borrower") a $100,000 line of credit for working capital purposes.  The
interest rate on borrowings under this line of credit will be charged at
3% over prime lending rate as published in the Wall Street Journal from
time to time, provided however, that said interest rate will never exceed
the maximum rate allowed by law.

The term of this approval shall be for one year from the date of this
agreement, and renewable at Lender's option, for one-year terms
thereafter.  This line of credit will replace all previous lines of
credit between Lender and Borrower, and all current borrowings between
Lender and Borrower will hereafter be governed by this agreement.

In addition, the line will be subject to the following conditions:

1.   The minimum draw on the line at anytime is $5,000.

2.   Aggregate total short-term borrowings from all sources will not
exceed $250,000.

3.   Borrower will submit quarterly financial statements as well as any
other financial information that the Lender may reasonable request.

4.   Borrower will continue to maintain a financial condition
satisfactory to the Lender.

5.   Borrower will allow periodic audits of its accounts and/or
inventories by a Lender representative.

6.   Borrower will maintain appropriate hazard insurance covering not
only real property but also inventory, equipment any work in progress.

If the above approval is acceptable to you, please sign below where
indicated and return the original of this letter to my attention.  The
duplicate is for your files.

<PAGE>
Your company's growth and potential is certainly impressive and we are
looking forward to continuing a mutually satisfactory relationship.

Sincerely,



/s/ BARRY GARDNER
--------------------------------
Barry Gardner
President


Accepted:
Esesis, Inc.


/s/ MARK HOGAN
--------------------------------
Mark Hogan
President
<TABLE> <S> <C>


<ARTICLE>     5


<CAPTION>

Article 5 Fin. Data Schedule for 1st Qtr 10-Q

<S>                               <C>

<PERIOD-TYPE>                     3-MOS
<FISCAL-YEAR-END>                 DEC-31-2000
<PERIOD-START>                    JAN-01-2000
<PERIOD-END>                      MAR-31-2000
<CASH>                                     0
<SECURITIES>                               0
<RECEIVABLES>                              0
<ALLOWANCES>                               0
<INVENTORY>                                0
<CURRENT-ASSETS>                           0
<PP&E>                                     0
<DEPRECIATION>                             0
<TOTAL-ASSETS>                             0
<CURRENT-LIABILITIES>                 16,525
<BONDS>                                    0
<PREFERRED-MANDATORY>                      0
<PREFERRED>                                0
<COMMON>                                 734
<OTHER-SE>                             2,055
<TOTAL-LIABILITY-AND-EQUITY>               0
<SALES>                                    0
<TOTAL-REVENUES>                           0
<CGS>                                      0
<TOTAL-COSTS>                              0
<OTHER-EXPENSES>                       2,789
<LOSS-PROVISION>                     (19,314)
<INTEREST-EXPENSE>                         0
<INCOME-PRETAX>                            0
<INCOME-TAX>                               0
<INCOME-CONTINUING>                        0
<DISCONTINUED>                             0
<EXTRAORDINARY>                            0
<CHANGES>                                  0
<NET-INCOME>                         (19,314)
<EPS-BASIC>                           (.03)
<EPS-DILUTED>                           (.03)



</TABLE>
Exhibit 31.2**CERTIFICATION**I, Keith Yee, certify that:1. I havereviewed this report on Form 10-Q/A of Tvia, Inc.;2. Based on my knowledge, this report does not contain any untrue statement of a material fact oromit to state a material fact necessary to make the statements made, in light of the circumstancesunder which such statements were made, not misleading with respect to the period covered by thisquarterly report;3. Based on my knowledge, the financial statements, and other financial information included inthis quarterly report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in this report;4. The registrant’s other certifying officer and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e))and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and15d-15(f)) for the registrant and we have:a) Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure thatmaterial information relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this quarterly report is being prepared;b) Designed such internal control over financial reporting, or caused such internalcontrol over financial reporting to be designed under our supervision, to providereasonable assurance regarding the reliability of financial reporting and thepreparation of financial statements for external purposes in accordance withgenerally accepted accounting principles;c) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures as of the end of the period covered by thisreport based on such evaluation; andd) Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarterthat has materially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and the auditcommittee of the registrant’s board of directors (or persons performing the equivalent function):a) All significant deficiencies and material weaknesses in the design or operationof internal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize and reportfinancial information; andb) Any fraud, whether or not material, that involves management or other employees who havea significant role in the registrant’s internal control over financial reporting.       Date: November 22, 2006         /s/ Keith Yee Keith Yee    Vice President, Finance and Chief Financial Officer
<Page>
                                                                      EXHIBIT 24

    KNOW ALL MEN BY THESE PRESENTS, that each person whose signature appears
below constitutes and appoints Thomas A. Russo, Joseph Polizzotto and Jeffrey A.
Welikson and each of them, his or her true and lawful attorneys-in-fact and
agents, with full power of substitution and resubstitution, for him or her and
in his or her name, place and stead, in any and all capacities, to sign the
Annual Report on Form 10-K of Lehman Brothers Inc., for the fiscal year ended
November 30, 2001, and any and all amendments thereto, and to file the same,
with all exhibits thereto, and other documents in connection therewith, with the
Securities and Exchange Commission, granting unto said attorneys-in-fact and
agents, and each of them, full power and authority to do and perform each and
every act and thing requisite and necessary to be done, as fully to all intents
and purposes as he or she might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, or their
substitute or substitutes, may lawfully do or cause to be done by virtue hereof.

Dated: As of February 28, 2002

<Table>
<Caption>
                      SIGNATURE                                   TITLE
                      ---------                                   -----
<C>                                                    <S>                          <C>
                                                       Chief Executive Officer and
              /s/ RICHARD S. FULD, JR.                   Chairman of the Board of
     -------------------------------------------         Directors
                Richard S. Fuld, Jr.                     (principal executive
                                                         officer)

                 /s/ DAVID GOLDFARB                    Chief Financial Officer
     -------------------------------------------         (principal financial and
                   David Goldfarb                        accounting officer)

                /s/ ROGER S. BERLIND
     -------------------------------------------       Director
                  Roger S. Berlind

              /s/ HOWARD L. CLARK, JR.
     -------------------------------------------       Director
                Howard L. Clark, Jr.

                 /s/ FREDERICK FRANK
     -------------------------------------------       Director
                   Frederick Frank

                /s/ HARVEY M. KRUEGER
     -------------------------------------------       Director
                  Harvey M. Krueger

              /s/ SHERMAN R. LEWIS, JR.
     -------------------------------------------       Director
                Sherman R. Lewis, Jr.
</Table>
Exhibit 32.1

               CERTIFICATIONS PURSUANT TO 18 U.S.C. SECTION 1350,
                       AS ADOPTED PURSUANT TO SECTION 906
                        OF THE SARBANES-OXLEY ACT OF 2002


The undersigned  hereby certifies in his capacity as Chief Executive  Officer of
Belmar Capital Fund LLC (the "Fund"), that:

(a)  the  Quarterly  Report  of the  Fund on Form  10-Q  for the  quarter  ended
     September 30, 2003 (the "Report")  fully complies with the  requirements of
     Section 13(a) of the Securities Exchange Act of 1934, as amended; and

(b)  the information  contained in the Report fairly  presents,  in all material
     respects, the financial condition and the results of operations of the Fund
     for such period.


Date:  November 10, 2003


                                /s/ Thomas E. Faust Jr.
                                -----------------------
                                Thomas E. Faust Jr.
                                Chief Executive Officer
<partyblock><br><br><div align="center"><b><font size="+1">The People of the State of New York, Respondent,<br><br>against<br><br>Izayiah Armstrong, Defendant-Appellant.</font></b></div><br><br><p>Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Lisa A. Sokoloff, J. at plea; Lyle E. Frank, at replea and sentencing), rendered March 16, 2017, convicting him, upon a plea of guilty, of criminal possession of a weapon in the fourth degree, and imposing sentence.</p><p>Per Curiam.</p><p>Judgment of conviction (Lisa A. Sokoloff, J. at plea; Lyle E. Frank, at replea and sentencing), rendered March 16, 2017, affirmed.</p><p>Defendant argues that his guilty plea to the charge of criminal possession of a weapon in the fourth degree was not knowing, voluntary and intelligent, and that the accusatory instrument was jurisdictionally defective as to such charge. Significantly, however, the only relief defendant requests is dismissal of the entire accusatory instrument, an instrument alleging that a police officer observed defendant "run out from behind a building," "chasing an unknown male" while "holding a knife" that measured "approximately seven inches." Since it cannot be said that no penological purpose would be served by remanding the matter to Criminal Court for further proceedings on the remaining misdemeanor offenses charged therein, including second-degree reckless endangerment (<i>see</i> Penal Law ยง 120.20) and a second count of fourth-degree criminal possession of a weapon (<i>see</i> Penal Law ยง 265.01[2]]) (<i>see People v Allen</i>, 39 NY2d 916, 918 [1976]), dismissal is not warranted and therefore we affirm on this basis (<i>see People v Conceicao </i>26 NY3d 375, 385 n 1 [2015]; <a href="../2016/2016_03598.htm" target="_blank"><i>People v Teron</i>, 139 AD3d 450</a> [2016]). In any event, we also find that defendant knowingly, voluntarily and intelligently entered his negotiated plea of guilty with the assistance of counsel, in exchange for a very favorable disposition.</p><p>We have considered defendant's remaining arguments and find them unavailing.</p><br>THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.<br>I concur I concur I concur<br>Decision Date: October 17, 2018<br><br><div align="center"><form method="LINK" action="../../slipidx/at_1_idxtable.shtml"><input type="submit" value="Return to Decision List"></form></div></partyblock>
<PAGE>
                                                                      EXHIBIT 12

                     LEHMAN BROTHERS INC. AND SUBSIDIARIES

               COMPUTATION OF RATIOS OF EARNINGS TO FIXED CHARGES

                             (DOLLARS IN MILLIONS)

                                  (UNAUDITED)

<TABLE>
<CAPTION>
                                                       FOR THE TWELVE MONTHS ENDED NOVEMBER 30
                                                 ----------------------------------------------------
                                                   1996       1997       1998       1999       2000
                                                 --------   --------   --------   --------   --------
<S>                                              <C>        <C>        <C>        <C>        <C>
Pre-tax earnings from continuing operations....  $   309    $   593    $   847    $ 1,013    $ 1,617
Add: Fixed charges (excluding capitalized
  interest)....................................   10,140     12,233     14,746     12,552     16,076
                                                 -------    -------    -------    -------    -------
Pre-tax earnings before fixed charges..........   10,449     12,826     15,593     13,565     17,693
                                                 =======    =======    =======    =======    =======
Fixed charges:
  Interest.....................................   10,121     12,216     14,730     12,535     16,059
  Other(a).....................................       25         19         20         17         17
                                                 -------    -------    -------    -------    -------
  Total fixed charges..........................  $10,146    $12,235    $14,750    $12,552    $16,076
                                                 =======    =======    =======    =======    =======
RATIO OF EARNINGS TO FIXED CHARGES.............     1.03       1.05       1.06       1.08       1.10
</TABLE>

------------------------

(a) Other fixed charges consist of the interest factor in rentals and
    capitalized interest.
EXHIBIT 32.1

CERTIFICATION1

Pursuant to the requirement set forth in Rule 13a-14(b) of the Securities Exchange Act of 1934, as amended (the Exchange Act), and Section 1350 of Chapter 63
of Title 18 of the United States Code (18 U.S.C. § 1350), Robert G. Johnson, Jr., M.D., Ph.D., Chief Executive Officer of Kosan Biosciences Incorporated (the Company), and David L. Johnson, Principal Accounting Officer and Principal
Financial Officer of the Company, each hereby certifies that, to the best of his or her knowledge:

1. The Companys Quarterly Report on Form 10-Q for
the period ended June 30, 2006, to which this Certification is attached as Exhibit 32.1 (the Periodic Report), fully complies with the requirements of Section 13(a) or Section 15(d) of the Exchange Act, and

2. The information contained in the Periodic Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

In Witness Whereof, the undersigned have set their hands hereto as of August 9, 2006.



/s/ Robert G. Johnson, Jr.Robert G. Johnson, Jr., M.D., Ph.D.Chief Executive Officer/s/ David L. JohnsonDavid L. JohnsonPrincipal Accounting Officer and Principal Financial Officer




|1 | This certification accompanies the Form 10-Q to which it relates, is not deemed filed with the Securities and Exchange Commission and is not to be incorporated by
reference into any filing of Kosan Biosciences Incorporated under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether made before or after the date of the Form 10-Q), irrespective of any general
incorporation language contained in such filing.
|- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

A signed original of this written statement required by Section 906 has
been provided to Kosan Biosciences Incorporated and will be retained by Kosan Biosciences Incorporated and furnished to the Securities and Exchange Commission or its staff upon request.
#### Earl GRAY, Appellant, v. James M. KUYKENDALL, Appellee.

No. 15714.

Court of Civil Appeals of Texas. Fort Worth.

April 20, 1956.

*797Thomas M. Mobley, Houston, for appellant.

F. Warren Hicks and G. Winston Cutrer, Houston, for appellee.

BOYD, Justice.

Appellee James M. Kuykendall sued appellant Earl .Gray for damages to an automobile which appellee alleged resulted from its being struck by an automobile * negligently driven by appellant. Trial was to the court and judgment was rendered for ap-pellee for the estimated cost of repairs which the court found was $311.52. It was not shown that the car had been repaired.

Appellant’s points for reversal are that there was no evidence, and that the evidence was insufficient, to support the judgment. He does not, however, contend that the evidence does not support the finding of negligence.

The only testimony offered by appellee as to damages to his car occasioned by the collision was as follows: “Q. Was your car damaged as a result of the collision? A. Considerable damage, both rear and front.” The only other witness who testified was an automobile mechanic who saw appellee’s car the day after the collision, and examined it for the purpose of making an estimate of the cost of needed repairs. His written estimate made that day. was introduced in evidence, and showed a total of $311.52 for labor and materials.

Appellant insists that it was not shown that the defective condition of the automobile as found by the mechanic was caused by the collision which occasioned the suit. We are inclined to agree with this contention. There was no evidence as to the condition of the car before the collision'. There was no evidence that the defective condition, of the car as found by the mechanic was caused wholly, by the collision. Indeed, the only evidence which supports an inference that such defective condition was caused, even in part, by the collision is appellee’s statement that the collision did considerable damage both to the rear and the front of the car, and some items in the repair estimate apparently referring to parts usually found at the front and the rear of a car.

Conceding that the evidence supports the inference that the collision may have caused some of the defects which the mechanic took into consideration in making the estimate, there is nothing to show that it caused all of them, or that some of them did not exist before the collision. Appellant' may not be required to pay for labor and materials necessary in remedying defects in appellee’s car unless it is shown that they were caused by the collision.

The judgment is reversed and the cause remanded.
Alaska Department of Environmental Conservation November 2000

WASTEWATER MONITORING

Alaska Cruise Ship Initiative

Alaska Department of Environmental Conservation

410 Willoughby Avenue, Suite 105. Juneau, Alaska 99801

www.state.ak.us/dec/press/cruise/cruise.htm

What is Wastewater Monitoring?

 21 large cruise ships visiting Alaska’s waters were boarded twice

during the 2000 season, and each of their overboard discharges

were sampled for the common parameters used to assess the level

of sewage treatment.

What are the standards?

 The only cruise ship wastewater discharge currently regulated is treated blackwater, or toilet

waste, from the marine sanitation devices (MSDs).

 The fecal coliform standard for treated blackwater under EPA regulations is 200 fecal

coliform per 100 milliliters. Fecal coliform indicates the possible presence of human or

warm-blooded animal waste; however, it is not a pathogen.

 Alaska’s water quality standard for fecal coliform is stricter (14 FC/100 ml) in marine waters

to protect people eating raw shellfish.

 Graywater (from sinks, showers, etc.) is not regulated by the EPA or the Coast Guard.

 In Alaska graywater is regulated as sewage.

What have we found?

 43% of the samples for fecal coliform were in compliance with

the MSD standard.

 32% of the samples for total suspended solids were in 

compliance with the MSD standard.

 Only one of the samples of conventional MSDs was in

compliance with both the fecal coliform and total suspended

solids standards.

 Five of the six samples of combined gray and blackwater treated by reverse osmosis systems

were in compliance with both the fecal coliform and total suspended solids standards.

 75% of the samples of graywater tested so far have over five times the fecal coliform

standard for MSDs of 200 FC/100ml.

 Nine of the samples exceeded 10,000,000 FC/100 ml.

In other words, MSDs are not working well at producing an effluent that meets the standards set

by EPA, and graywater is not benign like many thought, but more like sewage.

More information is needed to determine if the impacts from the cumulative cruise ship

discharges are a potential threat to public health or the environment.
Alaska Department of Environmental Conservation November 2000

WHAT DO WE DO NEXT?

 The Alaska Cruise Ship Initiative water

quality work group agreed, at their October

meeting, to gather additional information

next summer.

 A scientific subgroup will be formed to

advise the water quality work group on how

to determine if discharges are a potential

threat to human health and the environment.

The cruise lines will continue to evaluate

new technologies for treating both black and

graywater.

 The report of this year’s activity will be

completed by the end of the year and will

provide detailed analysis results. A marine sanitation device on board a

cruise ship.